The recent approval of Organic Law 1/2025, dated January 2, has sparked intense legal debate regarding its scope in timeshare claims in Spain. Particularly concerning contracts signed before the entry into force of Law 4/2012. Although this new regulation introduces significant changes affecting the marketing and duration of timeshare contracts, its application to contracts executed under the repealed Law 42/1998 regime raises serious legal doubts. We analyse these in detail below.
Changes introduced by Organic Law 1/2025.
Among the most relevant novelties of Law 1/2025 are:
.- The inclusion of a First Additional Provision allowing the marketing of rights on tourist properties for indefinite periods or exceeding 50 years. This applies to contracts based on legal regimes prior to Law 42/1998, provided that formal adaptations have been made.
.- The incorporation of a Second Additional Provision, which establishes a five-year limitation period to claim the invalidity of these contracts when based on the duration or characteristics of the acquired right.
But how do these changes affect the legal landscape and the rights of those who signed contracts before this law came into effect?
Recent court interpretations on the application of Law 1/2025.
Since the entry into force of Law 1/2025, judgments have been issued considering that the changes introduced by this regulation affect the interpretation of contracts signed between 1998 and 2012. That is, contracts governed by Law 42/1998.
These rulings accept that it is possible to market rights over tourist properties without adhering to the previous regulatory maximum time limit of 50 years, provided that the corresponding registry adaptations have been formalized. However, at White-Baos Lawyers, we disagree with this interpretation. We consider it to be entirely contrary to the principles of legal certainty, consumer protection, and other relevant standards.
Reasons why Law 1/2025 should not apply to contracts signed between 1998 and 2012.
These contracts were executed under the legal framework of Law 42/1998, which established clear limits, including a maximum duration. Applying Law 1/2025 (which modifies Law 4/2012 and was approved much later) implies a retrospective revision of the legal regime that was in force at the time the contract was executed. In our view, this directly conflicts with fundamental constitutional principles. Such as legal certainty and the prohibition of retroactive application to the detriment of acquired rights—rights especially protected when it comes to consumers. Furthermore, it should be remembered that it is the courts’ exclusive competence to interpret and apply Law 42/1998. The legislator cannot retroactively alter this legal framework. Ultimately, applying Organic Law 1/2025 to these older contracts raises significant legal doubts regarding the validity of the 50-year time limit.
Conclusions.
At White-Baos Lawyers, we remain committed to defending the rights of consumers affected by timeshare contracts signed under Law 42/1998. We believe that Law 1/2025 should not be applied retroactively to these contracts. If you have signed a timeshare contract and wish to make a claim or understand the legal situation applicable to your case, do not hesitate to contact us for personalized advice on timeshare claims in Spain.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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